Summary: We will not investigate this complaint about allotment water rates. This is because there is not enough evidence of fault to justify our investigation.

The complaint

1. Mr Y complains the Council has increase the cost of water at his allotment from a yearly charge of £16 to £68. He says the increase is excessive and unaffordable to him as a pensioner and the Council has now sent him a Notice to Quit his allotment plot.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered the information Mr Y and the Council provided and information available on the Council’s website. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. Mr Y’s rents a Council owned allotment plot. As well as the rent for an allotment, plot holders are also charged for access to water at the allotment site. Mr Y says this was previously £16 annually but the rate increased to £68 for the year between October 2020 and September 2021.
5. Mr Y complained to the Council about the increase in December 2020. The Council responded in January 2021. It said the water rate had not previously covered the increasing cost of water at the allotment site and had therefore been increased to cover this cost. It confirmed that while some discounts were available for eligible applicants for the rent of the allotment, there was no such discount for the water rate. Mr Y asked the Council to reconsider its position and respond again in February as he was unhappy with its reply.
6. The Council wrote to Mr Y again in July, referring him to us if he wished to pursue his complaint. Mr Y contacted us in October, asking us to investigate.

Analysis

7. The Council’s website shows under the heading “Fees and Charges” that a water rate “will be charged” per 25 metres squares on a plot for “a year’s supply of water”. While Mr Y may be unhappy with the level the water rate has risen to, the Council explained in its complaint response this is to cover the cost of the water, as the lower amount was not meeting this cost previously.
8. As the water rate is part of the charges for the allotment plot, where the water rate has increased, it is unlikely we would find the Council at fault for increasing its charge to plot holders. It is then for plot holders, like Mr Y, to decide if they are willing to accept the increased charges and continue to rent their plot, or not.
9. Mr Y says he has now received a Notice to Quit his plot from the Council because of his refusal to pay the increased water rate. As part of the charges for the allotment plot include the water rate, it is unlikely we would find fault in this complaint. Mr Y has continued to pay the allotment rent and effectively therefore agreed to be charged the increased amount. Consequently, we will not investigate this complaint as there is not enough evidence of fault to justify our investigation.

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Final decision

10. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify our investigation.

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Investigator's decision on behalf of the Ombudsman